A senior air warrior, graduate from the Staff College and a PG in military studies. He is qualified to write on war and allied matters.
What is intrusion
Intrusion means the act of invading someone’s privacy. In legal parlance, Intrusion can be of many types and flow from the first amendment of the constitution. Modern jurisprudence in the United States allows a citizen of the United States a reasonable amount of privacy. Any infringement of this privacy is referred to as an intrusion and allows the complainant to sue for damages.
American law follows the British principle of jurisprudence. In most English-speaking countries and nations like India which were ruled by the British, the principles of intrusion are roughly the same.
US law recognizes four types of intrusions. These are
Ø Intrusion of Solitude
Ø Appropriation of Name or Likeness
Ø Public Disclosure of Private Facts
Ø False Light
Types of intrusions
Intrusion of Solitude
The intrusion of solitude means if there is any infringement of the right of a citizen to lead his or her life in the manner deemed fit. In case a person willfully enters a private house or garden, without permission, it will constitute trespass and invasion of solitude.
Invasion of solitude has a wide connotation and includes illegally intercepting private phone calls, or snooping through someone's private records. It also applies to snooping and photographing the private moments of a person. A man fixing a camera at a vantage point and photographing a woman through her bathroom while she is undressing would come under intrusion of solitude. The intrusion of solitude does not require any publication of images, but the act itself makes the person liable for damages.
Appropriation of Name or Likeness
Appropriation of name and likeness are sufficient grounds for a plaintiff to sue the concerned person. Any use of a name or document without permission comes under the purview of appropriation of name and likeness. This often happens in business deals. In 2005 the famous musician Tom Waits refused to endorse a new automobile. The company brought in another man who sounded like Watts and released the advertisement. Watts was able to sue the company for appropriating his likeness and receive compensation as well as a public apology.
Public Disclosure of Private Facts
Public disclosure of private facts or information is the third type of intrusion. This is generally applied in connection with the first amendment and freedom of speech. Thus a photographer photographing a celebrity on a public beach with a long-range camera will not constitute a tort under this section. But a secret camera filming a lover making love to his beloved in the bedroom would constitute an offense. The crucial point here is whether there has been any reasonable infringement of privacy. Thus a senator having a love affair with a girl in his office can be made public as a senator is a public person and the people have the right to know everything about who is representing them.
The last type of intrusion is a false light. This involves the publication of some misleading or incorrect information about a person. In such a case, a plaintiff will have reasonable grounds to sue and claim damages. Generally, information that is false and shows the concerned person in poor light in public will attract the provision of this aspect of intrusion.
Any law that accepts the infringement of rights of an individual will also specify the mode and remedy and the procedure to go about it.
In the discussion in the preceding chapter, a case can be made out if any of the above-mentioned intrusions take place. In that case, a plaintiff is at liberty to ask for redress from the courts. One form of compensation that is usually accepted is monetary compensation. The first step to sue is to contact a lawyer who is qualified to take up the case. All the facts of the infringement of privacy must be collected.
Steps to be Taken
The lawyer will examine whether the complainant has a case against the accused. In case the charges appear justified, a legal notice must be issued to the accused or his lawyer, giving a reasonable time to reply back. This step is extremely important. The case will begin with this step. In case this step is not followed subsequent proceedings will be null and void.
In case no reply is received the complainant will be at liberty to approach the civil court. The case will be heard by the court and decided as per the law. During the course of the proceedings, the accused and the complainant are at liberty to settle the matter out of court to their mutual satisfaction. The court will recognize the out-of-court settlement and quash further proceedings.
Normally such offenses take a long time to get settled and it is not uncommon for parties to arrive at an out-of-court settlement. This is normally negotiated by the lawyers of the two litigating parties.
This content is accurate and true to the best of the author’s knowledge and is not meant to substitute for formal and individualized advice from a qualified professional.
© 2021 MG Singh emge